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X0.209'721 <br />payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of <br />the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement <br />is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the <br />amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any <br />refund. <br />(b) Any such agreements will not affect the rights Borrower has- if any- with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These <br />rights may include the right to receive certain disclosures, to request and obtain cancellation of <br />the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to <br />receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are <br />hereby assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or <br />repair of the Property, if the restoration or repair is economically feasible and Lender's security <br />is not lessened. During such repair and restoration period, Lender shall have the right to hold <br />such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to <br />ensure the work has been completed to Lender's satisfaction, provided that such inspection <br />shall be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings <br />on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or Toss in value of the Property, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or Toss in value of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value <br />is equal to or greater than the amount of the sums secured by this Security Instrument <br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender <br />otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value <br />divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or Toss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value <br />is less than the amount of the sums secured immediately before the partial taking, destruction, <br />or Toss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument whether or not the <br />sums are then due. <br />Form 3028 1/01 <br />NEBRASKA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Initials <br />NE /4XXXXXREP00000000000647059N Wolters Kluwer Financial Services VMP® <br />